حلول الشريعة الإسلامية و القضاء الإسلامي لمشكلة تأخير الفصل في القضايا

الملخص EN

This research aims to uncover the solutions of the Islamic Shariah, which I set up to solve the problem of delayed adjudication of cases, which derives its scientific material from the Qur'an and the Sunna, and what was involved in the first prominent periods of Islam.

The research method was: To address the emergence of this problem in the cases recently, and the reasons for this delay in adjudicating cases, then to compare this with the distinction of Islamic Shariah, Islamic Judiciary, and Muslim Society from complete justice.

One of the most important features and reasons for the justice achieved in the Islamic Judiciary was the strength of religion, piety, and Islamic ethics.

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Then, the selection of judges in terms of their scientific abilities and mental characteristics was improved, with the state ensuring appropriate spending on them.

Then, some important legal means were followed, such as: the path of reform between litigants before litigation, judicial mediation between litigants in the Judicial Council, arbitration and its discretionary authority, then some courts were allocated for urgent cases, some of them for specialized cases in a certain part of the judiciary.

The research also addressed the extent of the state's responsibility for speedy adjudication of cases to achieve complete justice, and avoided the negative and dangerous consequences of delaying adjudication of cases on the individual and society.

with application to a range of issues that are most affected when adjudication is delayed, such as family issues, expenses, and economy issues.

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The Egyptian state has ensured in its constitutions the speedy adjudication of cases.

It has taken a number of practical steps, including the independence of the judiciary, increasing the number of judges, increasing the number of courts, their equipment and machinery, adopting bodies that assist the work of judges, and allocating some courts to specific types of cases.

Still, more is needed.

One of the most important findings of the research was that the ethics of Islam, its legislation and its methods in the judiciary; The research showed that justice is done amid a misguided and unjust delay.

The most important features of the Islamic Judiciary that affected the complete justice is the ease with which its rulings are carried out, and the steadfastness in those rulings, which depend on the consistency of the texts of its Shariah, which makes it easier to identify them and work with them, and avoid their violation.